Time Limits usw Flashcards
Time limit to waive service
20 days if in US; otherwise 30 days
Penalty for failing to waive service
Will have to pay the cost of service
Time limit to answer if you waive service
60 days from receipt of waiver for service
Period felony must generally be tried within
175 days (plus hearing to be held within five days and then trial within 10 days of that)
How to serve the state
Serve the state attorney of the judicial circuit and then send two copies by certified mail to the Attorney General
Time limit to serve process after filing case
Must serve within 120 days of filing case or court will dismiss w/o prejudice, order you to do something, or drop the defendant
Venue in case against property
meistens nur wo es ists
Venue gainst defs living in two or more counties
where either of them live
Promissory note venue
only where note was signed by maker or maker resides
venue against state
generally where the state agency has main headquarters, but exception if suing to access public records, violation of rights, joint tortfeasor
motion to change venue time limit
must be filed within 10 days of action at issue
venue attestation requirement
motion must be supported by affidavits from two reputable citizens of the county who are not relatives of movant or their attorney
new filing fee to be paid when venue is transferred
and this fee must be paid within 30 days or the case will be dismissed without prejudice
time limit to file for forum non conveniens
within 60 days of service of process on the movant party
what stops statute of limitations
the filing of a complaint, not the service of process
admitting damages
damages are not admitted by failing to deny them in your pleading
Amending a pleading
May be done before other party responds or within 20 days if no pleading allowed. otherwise, need approval of the other party or the court
Motion to amend to add punitive damages
Needs to be reasonable based on showing in record or evidence to be proffered. Needs to be made within at least 20 days before hearing
minor child age assertion
must be done specifically in their pleading if you’re going to use it
Quorum in corporation of directors
need the majority for a quorum and the majority of those present to vote
special damages
must be specifically stated (examples include business loss, loss of earnings)
Inspect corporate shares
upon written five days notice
Motion for failure to state a claim
can only consider the facts alleged in the complaint. don’t consider affirmative defenses
Motion for judgment on the pleadings
before the trial. after pleadings finish
Joining an LLC
all the members must consent
